apparently her two kids aor eating ice cream. they seemed fine. mom and -- and an accomplice are racing robbery charges. jon she should have joined the pta. jenna: thanks for joining us everybody. megyn: new worries this hour that iran is preparing some sort of strike. security analysts are concerned that the country is planning a response to an attack on the computers that drive iran's nuclear program. that's where we begin this hour of "america live" on a monday. hi, everybody, i'm megyn kelly. this story started to break last week while iran's president was right here in new york city. someone had launched a computer virus that crippled two of iran's nuclear facilities including the bushehr plant. there was a suggestion today that the united states launched that cyber attack. the pentagon refusing to confirm

or deny the reports. trace gallagher picks up the story from there. >> reporter: they will not confirm or deny the u.s.' involvement in the cyber attack. they say it originated in 2010. this is a brand-new siper weapon. it is called stuxnet, a very complex computer worm. experts say it's not meant to canvas the web like other viruses we have talked b. this is meant to target specific sites. they say think of it is a precision military grade cyber missile that has the ability to actually seize control of industrial plants. iran has confirmed this worm has affected their bush ear -- bushehr nuclear plant that is set to go online next month. iran says it has not damaged the overall system. experts say it is important to note it is not some whiz kid in his basement tapping into

something, this took massive amounts of money, time and engineering talent and it's not meant to steal today the a it's meant to destroy. think of it not as espionage but rather as sabotage to go into infrastructures. we talk about nuclear plants but the same thing can be done with power plants, with transmission lines, with chemical plants, this thing goes in and the belief is it can go from the digital realm into the physical realm and actually destroy the infrastructure and the equipment. it originated, we believe, in germany this year but it has spread to india. indonesia, this country and iran, a super cyber weapon. the question is who is using it against iran right now? we hope to get these answers some time in the hours ahead, megyn. megyn: thank you. what exactly could iran do in response? some security analysts in the mideast are saying that mahmoud

ahmadinejad should order the country to step up its own nuclear program. another action is that iran could take action through proxies, such as hezbollah or hamas in gaza. oil markets would prove very sensitive to any suggestion that iran mighty tal kwraeut in any way against shipping through the persian gulf. as we hear more on the developing story we will bring it to you here on "america live." a fox news weather alert on rising water in the midwest. dozens of residents have decided to stay in their flood-stranded homes in central wisconsin even though a nearby levee could give way at any time. hundreds of homes have already been damaged or destroyed, and emergency workers are working around tharound-the-clock. janice dean is here with me. >> reporter: i've heard the levee has been breached. i want to make sure our assignment december -- ses being is on the story. this will affect over a hundred

homes. imagine the people are staying there when they've got this 120-year-old dam failure. this is sandbar levee along the wisconsin river, megyn, look at these pictures. megyn: wow. >> reporter: some areas have got even over ten inches of rain, the wisconsin river was at 20 point 20 feet at portage, that's down from the record at 20.42 feet yesterday. rivers should fall below flood stage on wednesday night. again we are talking about incredible amounts of rain. this is from the national weather service showing you the amount of rain. you can see the red on your screen, that's anywhere from 8 to 10 inches of heavy rain. this is actually tropical moisture. this was the remnants of hurricane karl from last week. this is a tropical section. megyn: look at that. >> reporter: the pictures tell the story. i can show you millions of maps. megyn: it's to the top of those vehicles. >> reporter: some of the rainfall totals, the estimates there, when you are talking about a failing levee this could

inundate homes, at least a hundred homes could be affected by the floodwaters here. we still have a flood advisory, even though the form storm has passed. the rain we're getting in the northeast, that's what was across the midwest. we still have flood advisories in all of these areas. look at the rain that is moving across the east coast. we actually have a tornado warning just outside of baltimore for each central correspond ol county, the threat for severe weather. there is your tornado warning right there. all of this moisture now affect being the east coast. it looks like the levee has failed, 120-year-old sand levee along the wisconsin river. megyn: that is not what they wanted to hear the folks who were trying to wait it out and hope for the best. >> reporter: a good example of how far reaching a tropical system can go. megyn: right, we didn't even hear that much about karl. >> reporter: all the way up to the midwest. megyn: janice dean thank you. president obama sounding off on education today and going after under performing teachers saying

money alone will not fix the problems of under per forming skaopls -- schools. he's calling for more charter schools, and calling on students, parents and teachers to step up with higher standards. and he presented the credited of a longer school year, don't tell the children. a congressman in missouri is focusing new attention on social security concerns today. the story started when congressman russ karen a hapb told constituents recently that the social security program is just fine. take a look at the response. >> the social security system has been stable for 75 years, has one of the most efficient ratings in of any agencies. [laughter] megyn: okay. so we asked stu varney to get us the latest numbers. he is anchor of varney & company over on the fox news network. they laughed in his face when he

said it is fine and it's going to be fine. >> reporter: it is a stretch to say it is fine everything is going swimming lee well. that is a step. i'll give you three reasons why. the social security trust fund has nearly $3 trillion in it. unfortunately all the money is iou's the social security tax money that you and i pay goes to the united states treasury which issues an iou to the social security trust funneled. you want to cash that money out and pay real dollars to you and i you've got to barrow it. social security is paying out a lot more than its bringing in already. $341 billion more out than in this year. number 3. disability payments which are also paid out of your and i social security taxes have spiked with this recession, and the social security disability fund, within the overall fund, will be totally exhausted by the year 2018. so, it is a stretch to say that everything is going just fine,

it is a leap of faith to believe that all the promises made will be kept with social security as it. megyn: something is going to have to change. the belief my many is we'll have to increase the retirement age, it will have to go up to 65. eventually social security may be no more. >> reporter: i don't know about no more, but this -- the idea that you're going to raise the retirement age, i think that is set in stone. megyn: 65 was set a longtime ago when life expectancies were shorter. >> reporter: back in the day far more people worked physically and were truly exhausted physically at the age of 6 a. megyn: it wasn't meant to be a retirement fund to get you through 30 years of post retirement. it was supposed to end you at the very end of your life. >> reporter: when it started in the 1930s your life expectancy, if you reached the age of 65 was 14 months. the life expectancy if you've

reached 65 today is approximately 14 years. megyn: now a lot of people look at social security as their retirement fund, that's what they are going to retire on their social security. when you go to catch your check you may get a big fat iou. >> reporter: voters are right to express laughter and skepticism. megyn: the folks get it. i know they probably don't have the education that you do but they get it. a warning from pay rolls across the country in time for the holidays. this is news you're going to want to hear. if congress doesn't make quick decisions on the bush tax cuts you'll have real headaches with your paycheck, whether they keep those cuts or not. coming up right after this next break, lou dobbs on the fallout. also, an ugly act against the men and women who lost their lives serving our great country. this u.s. warship is a graveyard for 60 american sailors who lost their lives in 1945 in an

incredible act of bravery. who on earth, then, would vandalize this? we are investigating. then there is this. incredible new video from the front lines in afghanistan. the story behind this firefight and more incredible tape in just ten minutes. stay with us. >> hit that compound, the little compound there that is to the west. until one day,y daughter showed me a designer handbag. and like that, we had a new side to our business. [ male announcer ] when the martinez family saw an opportunity, the hartford was there. protecting their emoyees and property, and helping them prepare for the future. nice boots. nice bag. [ male announcer ] see how the hartford helps businesses at achievewhatsahead.com.

like medicare. this year, like always, we'll have our guaranteed benefits. and with the new healthcare law, more good things are coming: free check-ups,

lower prescription costs, and better ways to protect us and medicare from fraud. see what else is new. i think you're gonna like it. ♪ megyn: a manhunt is underway this hour in new jersey for the suspect in a deadly shooting at an off campus party at seaton hall university. a gunman opened fire randomly after he was removed from the party. a 19-year-old honors student shot dead trying to protect her friend from flying bullets. one woman describing the scene as hell with the smell of smoke and blood. police are offering a $10,000

reward now for information leading to the capture of the gunman. well new concerns that a payroll emergency is brewing. democrats in congress have decided to delay a vote onyx tending the bush tax cuts until after the midterm elections, leaving businesses and payroll departments very much in limbo waiting to see what to do with the amount you pay in taxes each week, and this could create a nightmare going into the holiday season. syndicated radio host lou dobbs is here to explain. now they are saying, they basically punted on this saying they are not going to debate it until after the midterm elections. now they are saying if if they do that we may be in trouble the payroll departments need advance moments to adjust our tax rates. what could happen here. >> reporter: we are talking about millions of people who could have completely con founded payroll checks come the new year, because these payroll companies, companies like adp,

paychex require a 3 to 4 week notice with the amount they are going to withhold. it goes beyond that. there are other programs and tax credits that are also built into the paychecks right now, with the congress leaving town and the senate saying, good luck everybody, including one of my favorites is the help make work pay -- megyn: right. >> reporter: -- program. which would amount to $67 difference for couples, $34 for individuals, and that's all up in the air as well. now one of the things i love about the help make work pay. megyn: making work may tax c. there is the advanced earned income credit, in addition to the bush tax cuts. all of which are being punted,

maybe to late -- too late to get the tax cuts for the holidays. >> reporter: don't you love the idea you can make work pay by giving taxpayers back the money that they have given the government. megyn: here you go. >> reporter: this is crazy, the mindset in washington. megyn: your paycheck will be fine through the holidays. come january 1st, even if they pass the bush tax cuts they come back from the midterm elections and they say let's pass the tax cuts after all. given the lag time you may have a situation where come january 1st you get taxed as if you have had your taxes raised. your company takes a bunch of taxes out that they shouldn't. you're at the mercy of your company to give ahh refund, even though you have to go a week, two weeks, maybe a month before you get your full paycheck. >> reporter: we are at the mercy at what has been an incompetent and dysfunctional congress here. the employers are victims as well as employees, because they can only do what congress instructs them to. and, you know, megyn the idea that this congress would not

have the courage or the principle to stand up and say to the american people going into the november 2nd midterm election, this is where the democrats stand onyx tending the bush tax cuts, or this is where the democrats stand on raising your taxes come january 1st. lacking that kind of guts, that kind of principle, putting it before the american people, i think an extraordinary black mark against the leadership of the democratic party. megyn: you're not the only one, john boehner the house minority leader was out speaking this weekend and listen to what he said. >> if we leave her this week without preventing these tax increases on the american people it will be the most irresponsible thing that i have seen since i've been in washington d.c. and i've been here a while. megyn: the most irresponsible thing he's seen in washington d.c. yet the democrats say it is the republicans part. the republicans are holding up the vote on this by holding the

middle class tax cuts hostage trying to get a break for the rich. >> reporter: this is the silly rhetoric we are hearing from both parties. the idea that this is being held hostage by the republican party this is an up and down decision on the part of this president and the democratic leadership. either proceed and retain the bush tax cuts or raise taxes in the mist of what is a fragile as best recovery. by the way it's a stark clear choice and the responsible choice is not to put any further breaks on this very vulnerable recovery. megyn: we asked our brain room, the republicans seem to be pretty united against, they want the tax cuts to be held in place for everybody. there are at least eight senate democrats and independents who have come out siding with the republicans or at least saying they are open to siding with the republicans. it's a bi-partisan opposition in the senate. they said we don't think it's a good idea either, everybody should get the tax cuts.

>> reporter: i don't know about you, i get very nervous when solidarity presents itself in washington and we have bi-partisanship. megyn: it makes you nervous. >> reporter: indeed. megyn: in matters of the economy it's not that uncommon unfor the in the leave. we'll see what they do, whether or not they vote for or against the tax cuts. >> reporter: it would be nice to see them do the right thing. megyn: lou dobbs always a pleasure. why would vandals want to disturb graves of world war ii sailors. 60 lives were lost when a ship was sung in 1945. u.s. marines have been recently diving on the wreck to look out for vandals, and now a disturbing find. we'll take you inside a massive firefight out of afghanistan. you can hear directly from the soldiers trying to head off a taliban attack as we take you live to kabul next for some very powerful video. @=h [ male announcer ] this is steven, a busy man.

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megyn: some powerful video into fox giving us a front row seat to a firefight in afghanistan. these are incredible pictures that show the marines coming under heavy fire outside of a city of marjah and giving it right back. watch this. >> they are right over here southeast of us. >> roger, we're going to break around. hey. >> come on. >> all right samuels. >> hit that compound, the little

compound there that is to the west of the mosque speakers. >> i was trying to bail irvin out. you guys will have to support yourselves for a minute. >> okay. megyn: it's really incredible how exposed they are, isn't it? i mean not in a bunker just out there in the open with basically some brush in front of them. also this hour u.s. and nato troops are launching a major new offensive. this is called operation dragon strike near kandahar. it is aiming to push the taliban from a key stronghold that they've had. connor powell streaming live to us from kabul, afghanistan. connor. >> reporter: megyn the u.s. commander's here in afghanistan

have long said there will be no success in afghanistan unless kandahar is pacified and sorted out. it is the home of the taliban. it's their spiritual home, it is also their base of operations for much of the insurgency across eastern and southern afghanistan. it is the place that the taliban uses to launch attacks in kabul, helmend. just here over the past few days u.s. and afghan forces have launched a big operation into two places in kandahar. this is where the taliban has a great deal of support. there is almost no support for presence for the afghan government. for the next few weeks u.s. and afghan forces will push into these two places in kandahar. the fighting in marjah is intense. it is more intense in kandahar city and other places. this is most dangerous and deadly for u.s. forces as there is anywhere across the country.

the current rules of engage -plts for u.s. forces here in afghanistan place an emphasis on protecting afghan civilians. they have to carefully go into these cities and towns and engage not only the taliban but also protect afghan civilians. it is a difficult, difficult task megyn. megyn: sure is. connor powell, thank you so much. folks just when you thought the headlines were as bad as they could get for the administration, new poll numbers spelling out serious new headaches for the president today. and one california congresswoman finding herself in the fight of her political life after making some racially-charged a comments about her opponents. her comments and the fallout just ahead. plus, get down. brace for impact. definitely words you do not want to hear on a plane. the terrifying moments on the delta flight all captured on cellphone video, and a live witness to it all who was on board, coming up.

>> heads down, stay down. heads down, stay down. [applause] mmmm.

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megyn: 1:30 here in the east. welcome back folks. the guy in charge ever the bp spill offered a new idea for dealing with disaster like this in the future. thad allen saying a third party should get involved in the cleanup if you have a situation like we had with the deepwater

horizon in order to avoid the appearance that the company is to blame that is in charge of the recovery. a new government report said the tough economy is leading to less driving and better car technology is saving lives. southwest airlines is taking over airtran shelling out $1.4 billion for the buy. bad news for president obama if he hopes to win a second term. according to a new poll just out from politico just 38% of likely voters say that president obama deserves to be reelected in 2012. 44% say he should be replaced. and another 13% said they would at least consider another option. brad blakeman is former deputy assistant to george w bush and dick harpootlian is the former

democratic party chair. let me start with you on this, dick you're the democrat. 38% can't be good. that can't be a number that you're happy to see inside the oval office. >> well i think it is not a good number, but let's remember where we are. there are four quarters in a football game and four years in a president's term we've just finished the first quarter. i went to clemson and my friend robert gibbs went to auburn. clemson was beating the hell out of auburn, they were way down and then came become and beat us. i think you have to wait until the game is over. give this guy -- you've given him 20 months, give him four years and then judge him not what's happened in the last year which is a good beginning. i know brad would disagree on healthcare and financial reform and all the things that this president has accomplished. but it's going to take a while for those legislative measures to prove what they are worth, to show the benefits. and just this week, let me say

this, just this week people are finding out this healthcare bill will prevent insurance companies from cutting them off, no lifetime cap, they can't deny you because of preexisting conditions. you can keep your kid on until they are 27 on your policy. there are many other things that are beneficial. we are a quarter into this football game, and everybody wants to fire the coach. wrong. megyn: okay. so brad, what about that analogy? if it's a four year term aren't we at halftime? i'm no moot wizard. >> no, no first quarter. >> we are at halftime. this guy isn't going to be able to take the field again in 2012. let me use dick's analogy about football. everybody wanted to see the game, the place was packed, standing room only, scalping tickets to get in. now with the second quarter you look up in the stands which is exactly what the polls reflected and there are over 70% of the fans have left the game at halftime. dick's party should be awfully

worried about what is going to happen in a few weeks and what may happen in 2012. i know you're going to mention ronald reagan. at the same time his presidency was down in the polls. people liked ronald reagan. they saw him as a president. the president has no likability at all. it is very hard for him to get his groove on policy wise when people say we don't like this guy. megyn: this poll says 38% says he deserves to be reelected even though a majority of voters do hold a favorable view of him on a personal level, nonetheless they still don't want to vote to reelect him apparently. let me ask you this dick. they did a poll on the healthcare law as we've been doing all along for the past six months and take a look at the latest numbers. the latest numbers show that there is a 54% unfavorable view of the healthcare law. only 18% view it very favorably, you can see the numbers together. according to politico more than

half of independents also view it very unfavorably or unfavorably. that is the key group not just for the midterm elections but for the presidential election in particular, those independents have got to go democrat if president obama wants to win a second term. right now they are saying not only do they hate the healthcare law but they tie that very much to the candidate they are going to support in the upcoming elections, dick. >> well, i think it's very simple. the healthcare law and everyone is hating it based on the spin given by the republican party about death panels. >> it's nonsense, dick, you know that they hate it because they know now after the bill has been passed just like pelosi said we have to pass the bill before we know what's in it. now they know what is in it. they know the debt it's going to create, it's going to absolutely devastate medicare. the people know. don't say the republicans spun it out of control. you guys forced it down their throats. nobody read it including the

chairman who supposedly authored the bill. don't blame us. blame yourself for duping the american people and creating a crisis on healthcare when we had a crisis on jobs which you guys have ignored. megyn: he was so persuaded. can you tell us what he looks like now. he left, he left the building. no i'm sorry, it's terrible weather here and terrible weather down there and we are having trouble with our satellite today. i apologize to dick who we will try to get back up. let me ask you this, brad while we try that, also that poll was about the team and their influence. 43% of respondents. 35% view it unfavorably. this is across party lines. what does that tell you because we've heard about the democratic strategy to demon nice the team in order to energize the democratic base. could that wind up backfiring with independents and republicans and even some democrats who you can see more

people think well of the team than don't? >> you bet. look the american people know what they see on television. they see the team rallies, they hear the message. it's not unlike what every american is feeling, republican, democrat, independent, when you're without a job and fearful for the future you're an american who is fearful, you're not a republican, democrat or independent. we are all in the same boat together. it's a year much the individual. the individual means more than even their party means this year. the good news for the republicans is if your fortunate to capitalize on that then we better get our act together in january as a party and bring the team people back into our tent and unite in being successful giving the american people what they need not what the hierarchy in washington wants to give them. megyn: dick was messing with us. look at him tees us. he's -- tease us. he's back and gone, back and gone. my apologies to dick, he's a

great guest. so are you brad. brad the next time i'm going to have you two guys on he's definitely getting first and last answer. >> of course. megyn: is it terrible where you live? can you see the rain behind me? look at this misery. it's awful here in new york. just unpwrepl louisianas and misery as far as the eye can see. it's a good day to stay inside with fox news. there are only 36 days to decide folks and fox news is america's election headquarters. you can log onto our website at foxnews.com/politics to get the latest on all the candidates and races. fox news is your front row seat to politics today and on election day. up next a graveyard so important that u.s. marines have been patrolling to keep it safe. now reports of vandalism at the final resting place of some world war ii sailors. who would do this? that's right after this break. and the online site space book is the product of -- facebook is

a general just idea of one man, some say he's a thief not a thinker in "kelly's court." you can head over to our website foxnews.com, read up on the case by clicking the on the duct section and you can let us know what you think. that's next hour. [ female announcer ] in the coming weeks and months, you may notice something a little different about eggland's best eggs. now, addition to the taste and nutrition you and your family love,

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and find out about an aarp medicare supplement insurance plan. you'll get this free information kit... and guide to understanding medicare, to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. >> megyn: fox news alert a big development on a story we brought you here last week. this case involved a power prosecutor accused of sexually harassing victims in his cases. according to reports out of wisconsin district attorney ken kratz will step down from his position before the end of next week. he had placed himself on medical leave, and this thing got so much publicity that the governor of wisconsin started looking into how to possibly remove him. he placed himself on medical leave while the allegations surfaced. now at least three women are

accusing him of sending them sexually explicit text messages, sexting them while he was the shall da of record in their cases. a shocker in san francisco. the editorial board of the san francisco chronicle failing to endorse either of the candidates running for senate. democratic incumbent barbara boxer locked in a tight race with carly fiorina. the board slamming the 18-year incumbent saying her record is more notable for partisan attacks than legislative achievements. the paper says it cannot support carly fiorina on the issues. what are californians to do. well it's been the final resting place of 60

>> reporter: one of the thins that was stolen was called the data plate, megyn, that is for

all intents and purposes, the birth certificate of a ship. they put that on there when the ship is chris end. it has a number of vital information. and the data plate was stolen off this ship, which is why the military, that's the data plate right there. that's what it looked like prior to it being stolen. this is an old picture. now the military is down there, and they are patrolling this under the waterways, megyn. the u.s. s. emmons. it was bombed back in 1945, it burned for a day, it would not sink. the navy had to finally sink it so it wouldn't run aeu ground. 60 sailors even taoupld -- entombed to this day. and by vandalizing that ship they say you are december crating the graves of those

sailors. megyn: ken this is awful. when i read up on the history of this ship it really is incredible. 6, and 1945 she steamed to the defense of another ship which had been hit only after she ran low on ammunition did five suicide planes breakthrough and hit her. in a two-minute span four more landed killing 60 sailors, wounding 77, the rest a been donned ships. it's been in the waters off observing now what -- there for decades and somebody decided vandalize it? put it in perspective for us. >> your synopsis is right on. it gives the viewers some idea of the for ross satisfactory tee -- ferocity that the ship met in its final moments, and as trace said we had to sink her ourselves. this is the equivalent of someone walking onto one of the

d-day cemeteries and prying a plate off of a memorial there, or any other military cemetery. s u.n. ken sovereign vessels, which the emmens is, very well respected in international law, it's been codified in countless understandings. the japanese government in particular agrees with the u.s. position, which was formalized in 2005, but that is hallowed ground. eufpt is the resting place of those sailors. it is a grave, it is the same thing as any land-based cemetery. megyn: is anyone allowed to get anywhere near it, captain, could somebody go on an expedition nosing around this and be free to take that plaque? or would it have to be done surreptitiously?

>> surreptitiously. it's in 140 feet of water. the wreck wasn't found until 2001. there are probably charter companies that take divers out and under certain agreements they may be able to go down and go around it. but to actually go in the ship and pry off the ship builder's plague, the data plate that trace was talking about, to pry that off, to vandalize it to take something like that as a souvenir is absolutely forbidden. it's very well recognized in international law, and those folks could probably go to jail in japan for doing that, because it's violating somebody's law. and the other thing is, i spoke to my nephew who is a driver, and i asked him and he said, you know what there are so many ship wrecks down there, even military ship wrecks, nobody patrols the waters above them because there are so many down there, so it's really up to the dive operators to make sure that the people that they are taking out there to these wrecks understand the rules and live by them.

megyn: right, you would no more pull that plaque off of that ship than you would pull a tomb off of a grave site. thank you so much for your insights on it and perspective. we appreciate you being here. live pictures coming back from washington where president obama is scheduled to sign the small business jobs act. that's what he has dubbed this bill. it's designed to give our nation's small businesses support and incentives to help them grow and hire. he is joined by a group of small business owners who reportedly will benefit by the new legislation. he'll be joined by karen mills, tim geithner and members much congress. stories about ufo's and aliens from outer space tend to produce laughter. except when you bring up the danger of atomic mushroom clouds. new questions about space aliens and our nuclear weapons.

i'm not kidding. this is not from odd balls and conspiracy theorists, but high-ra*pbing members of the military. >> stay down, get down. megyn: a delta plane makes an incredible landing in new york city, with a broken landing gear, diverting disaster. you will hear from the pilot who pulled it off. chelsey sullenberger would be very proud. to keep in balance after 50, [applause] + advantage has gingko for memory and concentration plus support for bone and breast health. a great addition to my routine. [ female announcer ] one a day women's.

megyn: well congresswoman loretta sanchez has a message for voters. she is sorry. the california democrat apologizing for her, quote, poor

choice of words that some people have taken as offensive. it all started when sanchez, the daughter of mexican parents told spanish language tv that, quote, the vietnamese and the republicans were trying to take away her house seat. after she said, quote, we have done so much for our community. her opponent is vietnamese-american van-tran. he calls her remarks offensive and wrong. researchers are today unveiling a new report. compiled from interviews with the u.s. military pilot, interviews which raise questions of alien life spyin on our nuclear weapons facilities. trace gallagher, this sounds like a joke. is it? >> reporter: i think you're the one that coined it best, megyn, you said look it's not like this is some out of the way person that stumbled upon ufo's. these are high ranking members of the military which make the

story captivating for me. they are going before the press club in washington to layout their case. we are talking about six former airman as well as another man who interviewed 120 additional airmen who say the u.s. is holding secrets back about ufo's. they say they have the evidence that ufo's both in britain as well as in this country have hovered over nuclear sites and actually turned off the weapons, shut down the weapons. and they believe the u.s. and the british governments have more and they are going to go before the press today and ask the government to open up these files, right? it's the x files thing, let's get david ducovney out here and talk to him. he says he can prove this, captain salas says in 1967 at an air base in montana he says i was on-duty when an object came over and hovered directly over

the site. the missiles shut down. ten-minute-men missiles. the same thing happened at another site a week later. there is a strong interest in our missiles by these objects, wherever they come from, he goes onto say, i personally think they are not from the planet earth. they'll lay their case out today. do they have the proof? we'll find out. the u.n. has assigned an alien ambassador to be the first to greet the aliens when they come here. coincidence? megyn: no, it has not. >> reporter: it has. the united nations as a -- i forget the actual title, it's an alien ambassador to greet aliens when we find them, and to be the first ones to discover them. megyn: do we have an alien greeter czar yet? >> reporter: no, no but david ducovney who is out of work is

apparently applying for that. megyn: he'd be great. >> reporter: true, true it's all true. megyn: brand-new concerns today that tech savvy terrorists are turning to the internet to plan their next attack. and now the u.s. government wants the password to your blackberry. might there be a privacy issue here? a live report up next. @k@k@k@k

megyn: the government wants access to your blackberry and says national security may depend on it. the administration saying a terrorist's new best friend is the blackberry. along with web sites like facebook and video software like skype. now it wants unprecedented power to monitor these sites and devices. shannon greens is live with this story. what does the administration want? >> they say we have got the

legal authority, but the problem is a lot of the companies aren't equipped to turn over information to us. you have gone an encrypted message that the company cannot quickly enough unscramble it and give access to the government, that's where they will run into trouble with this. so, if you are using your blackberry, you are using skype. there is an order for access to that information. if the company doesn't have the capability to unscramble it and turn it over to the government. megyn: how is this idea being received now? >> we detroit was interesting. this was -- we thought it was interesting. it was on the front page of the "new york times" today. it says "u.s. tries to make it easier to wiretap the internet." you back look in august when

president bush was pushing for information on the internet it says "concerned raised on wider trying under new law." we are talk about different laws, different specifics, but underlying it the same message. we'll put the put the headlines out there and let them see how the media is handling it. megyn: it's not like i'm going to be sitting at home emailing you a and the next thing i know president obama will be sitting in the east room -- that's not how out goes. >> reporter: basically it will apply to companies here in the u.s. but it would also apply to foreign companies so they would have to have a structure in place so if somebody came in with an order or warrant say seeing what are access to megyn

kelly's email we would be able to quickly turn it around. the company behind blackberry, research in motion is dealing with this issue in now they will have to confront this here in the u.s. they have a strong encryption service. they say they don't have a master key where they can unlock it and give access to government even if it's a lawful request. that may change if that slaw gets passed. megyn: this will remain controversial under democrats and republicans for obvious reasons. to give you an idea of the impact of these web wiretap rules. our latest numbers so the subscriber account base for blackberry is 50 million people. there are 500 million active facebook users and there are 560 million registered users on skype. can you believe that? the state department is saying

it is disappointed by israel's decision to start building again in the west bank. that building project to be another nail in the coffin for the peace talks. reporter: these peace talks with hanging by a thin thread. those world is asking the palestinians and the israelis to stay at the negotiating table, the world has sided with the palestinians on this. the french president said today the settlements have to stop. >> this is the picture they have been trying the stop. you can see beyond the backhoe. we are on the west bank. this is the area that palestinians wants for their future state. jewish settlers building on that

doesn't make them very happy. settlers poured this concrete and brought in this steel before the freeze began. it shows how far apart the netanyahu government and the 350,000 israelis hoff live on the west bank really are. the israelis and palestinians are a long way apart as well. the palestinians said they would walk away from the negotiating table if construction restarted. the construction cities called a road black. the israeli prime minister is asking the settlers for restraint as they end this freeze. i talked to settlers about that today. we wanted to build 3,000 units of housing. building 26 is our idea of restraint.

megyn: big news from new york's gubernatorial race. rick lazio has agreed to remove his name as the conservative party candidate after pressure the gop. officials pressuring him to step down after losing out to palladino in the primary. the democratic voters outnumber republicans by a large margin. but we have had republican governors in the state of new york before. nancy pelosi received she thought it was a great idea. but they are majority leader in the house didn't get her memo. here is what steny hoyer told fox news about colbert's

testimony on my grant workers. >> i think his testimony was not appropriate. i think it was an embarrassment for mr. colbert more than the house. >> reporter: he was called by the chair. >> i think it was not appropriate. megyn: colbert appeared before the house judiciary committee last week discussing this one dave work on the farm as part of the united farm workers "take our jobs" program. the house speaker said she thought it was great. steny hoyer, the majority leader in the house not on the same page. right now the pentagon is in quite a bind over a book on afghanistan. the defense department buying 10,000 copies of this around veteran's memoir then destroying them, citing fashion a security

concerns spending tens of thousands of dollars of taxpayer money. how did this book threaten our national security? >> reporter: the pentagon didn't say why it, such a threat, but they demanded the book "operation dark heart" be heavily redacted and the first public kissing destroyed. it was written by a lieutenant colonel in the army reserves. they gave the go-ahead to publish the book, then the intelligence agency demand changes. mohammad atta was identified as a danger to the u.s. before the attacks. schaeffer was fired for talking about that fact at the request of the congress and he believes sensorrincensoring of his book f

that. >> i believe my testimony is the central reason they fired me. >> reporter: he thinks it's the reason her doing this to him over the book. the pentagon bought up the first run of the book and burned the copies. megyn: what kinds of classified information did the military delete. >> reporter: schaeffer says the information is open source. some of the copies of the original book are still in the hands our viewers so the new york times did a comparison and found most of the changes were fairly trivial. schaeffer calls them looney. the term for intelligence capability they wanted deleted. megyn: does it feel like some days you are going to keel over

on the job? we knee the feeling. scott rasmussen joins us this hour on how long workers now think they are going to have some punch that clock. they are known as segways, the owner of the company that invented them just died. the ironic twist that makes this story so unbelievable. move over sully, there is a new hero pilot. the cool captain with nerves of steel who helped bring down a plane safely as starks flew from the landing greer. we are live on this story after the break.

megyn: unbelievable story and video. sparks flying as a delta passenger's cell phone captures these moments of fear.

[head down, stay down. head down, stay down. head down, stay down. head down, stay down. head down, stay down] megyn: pliers on that plane are calling the pilot their very been captain sully. they had a lot of praise for the flight attendants as well after the landing gear on this passenger jet failed to deploy. you can hear how greatful they were to that pilot to got them down safely. >> reporter: i talked to some spy lots who say this was incredible he got this down safely in one piece. it had to divert to kennedy jfk because they had a longer runway for an emergency situation. 60 passenger, four crew members. listen to the emergency call to

the tower. >> rain shower preference is to proceed to jfk and execute an emergency landing over there. >> reporter: the right gear is stuck up, the other two are down. it's like trying to land a tripod with two legs going 170 miles an hour. the pilot brings it down and ever oh gingerly lands on the left gear and slightly touches over and scrapes that street wing around the ground. you can hear the flight attendant saying "stay down. qughts applause there. experts say it was amazing it didn't foe off the runway. it might have tumbled in a

different scenario. jack conroy, 55 years old was in the navy for 20 years. he flew in the persian gulf. he flew off aircraft carriers in the fergs gulf. he has been an airline pilot for 15 years. we tried to get more information from the airlines and they wouldn't give it to us. so we called his mom. his mom says he became a commercial pie loot after he refired from the navy. he's married with a daughter who is brilliant we are told and his mother says she thinks he's wonderful, he's always well prepared and he deserves all the accolades he got. we also got one more comment from sully sullenberger. "i commend the crew for insuring a successful outcome over everyone onboard." megyn: nice way to put a period at end of that one. before we let go of this story.

the passengers say the pilot helped ease their fares. jamie pfeiffer was on that delta flight. thank you so as much for being here with us. try to put it in words for us how greatful you feel to this pilot and crew. >> when i fly again i would fly with this crew and pilot anywhere. city was totally grateful, they were all professional, competent and truly skillful. megyn: what was the first thing they said to you to independent delight was something wrong? >> we'll have to make an emergency landing. megyn: then the flight attendant with heads down, stay down. >> that was intense. there was enough time in

between. he said we have to make an emergency landing then began to tell us the pro see diewfers flotation devices and life vests. and how to brace up against the seat. we said flotation devices? ee we night be in water? all of us were reacting that way. and we wish we had listened for carefully at the beginning of the flight. how do we do this? what do we do? then the flight crew pretty calmly and walked downle the aisle answering questions. we are landing at jfk, get everything out of your seat backs everything under the seat. no sharp objects and they told us they would be yelling to us when we touched down and alerted us for that. the pilot also said to us, that there was a problem with the right handing gear and we would

tip over to the right on the plane. so that was not a surprise. megyn: he had to put the left handing gear down and touched the right wing down to counter balance that. you must have had a thought this could be it. >> i didn't want to go there. i decide not to. i knew this was scary. we didn't know what was going to happen. we knew there was some danger obviously and we could get hurt. i wasn't going to go to that final thing. megyn: i understand you are an amputee because of cancer and you had help from your fellow passengers. >> absolutely. i slipped going down the stairs and to be caught me and said, we'll help you and then another passenger came stover, a flight attendant to help me and put his arms around me. he said i'll help you get over

there. i'm praying for you. i know you are praying for me. object behind me either a passenger or flight attendant. people were great in wasn't any push. they were a great group of people. i would fly with them, too. megyn: i love to hear that story. i heard these flight attendants are taught to use their voice to become drill sergeants to try to get the passengers to do what they need to do for their own safety. they always say when we are here primarily for your safety and not to serve you the drinks. >> they told was they were going to do. they were going to tell us to get out of the plane. it was intense to hear that recording. it was that intense. it was scary. they said pay attention. so as we stopped and sat there for a minute they started yelling get off the plane, get

off the plane. megyn: they probably didn't have to tell you that i'm sure. >> they probably did. they said get off the plane! it was that initial -- thank goodness we are safe. megyn: thank goodness indeed. our thanks some captain jack conroy, his entire crew, the copilot and the flight attendants onboard the airplane. we are glad that pilot brought that plane down safely. all the best. incredible. john kerry says democrats would be polling much better if only americans weren't so misinformed. but is insulting the voters the way to win them over? plus -- a new gaysbook movie comes out this week profiling

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megyn: massachusetts senator john kerry is blaming every day americans for the uphill battle democrats are facing in november. he says a lot of voters have a short attention span. >> we have an electorate that doesn't pay that much attention to what's going on. people are influenced by a slogan rather than the truth and what's happening. megyn: mary anne marsh is a

former advisor to the senator. when you don't agree with them they basically call you stupid. >> i think john kerry was expressing his frustration over the fact that this country is in the toughest shape in his lifetime. it's hard to get things done in washington. megyn: didn't say anything about republicans. he said basically the people are a bench of dummy. we have a an electorate that doesn't pay attention to whats going on and they are influenced by a slogan. >> he went on to say he blames the logjam in washington over partisan bickering and he's right. people are hanging on by their fingernails in this country and trying to get to the next day. they don't always have the opportunity to read all the papers and do everything. what mass to be maddening to any

democrat is when you try to get middle class tax cuts and a small business loan package through and you have republicans saying no, no, no -- they get rewarded for no. megyn: eight democrats and independents in the senate are really to sign on -- >> i'm just saying. megyn: it's a bipartisan problem. if they could get one republican they would have their tax cuts for the middle class only. i hear kathleen sebelius said people don't like the healthcare law because they are misinformed. now touch john kerry coming outing the electorate doesn't pay that much attention, they are dummies. that's how it sounds. that's why we see polls from scott rasmussen who says there is a disconnect from regular folks and the washington elite

and it, making people angry. >> republicans are polling just as bad as democrats. so the democrats have the opportunity to deliver a better message. if you look at patty murray or barbara boxer on the west coast they are fighting for small business loans and fighting for the middle class and fighting against wall street. megyn: when you see someone like john kerry who is known for this. he just came off the story about the big yachts and he docked in rhode island to avoid taxes. in 2006 he suggested if you wind up in iraq, you are stupid. >> we are here to talk about education. education -- if you make the most it and you study hard and do your homework and make an effort to be smart, you can do well. if you don't you get stuck in iraq. megyn: if you don't do well in school you get stuck in iraq. if you agree with the democrats it's because you are misinformed because you are not paying

attention. >> in many elections people vote against their own economic interests. republic advance are very, very good at convincing lower income people the vote against taxes. no one likes taxes. everyone thinks they will be rich one day, they will win the lottery. everyone is hang on by a thread. they are not going to buy that argument. where democrats need to take the opportunity is to argue they are for the middle class and small business and republicans are for wall street and the wealthy. megyn: sound like john kerry could use you as an advisor. appreciate you being here. there is irony and then there is this. the guy who owns the segue very scooter company dyinf in an accident you won't believe. new numbers on scott rasmussen

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megyn: actress gloria stewart has died. you may remember she played the survivor in the 1997 mega hit

"titantic." she died at 100 years old. she starred in county invisible man" and two shirley temple movies. jimi heselden is now dead. he bought the segway motorized scooter company a year ago. british police say he died by riding one of his two-wheeled scooters off a cliff. they are not saying this was intention, this was an accident? >> reporter: he was found in a river below, along with the segway. there was a witness who said that she was across the river and saw jimi heselden go off the cliff. we are talking 30 feet high. so a significant drop for he and his segway. but nothing suspicious.

at least in the early going of this investigation. 62 years old. he got all his money, millions upon millions by selling these blast walls. they replaced the sandbags in iraq and afghanistan that protected so many different troops it's interesting because four years ago almost all of the segways were recalled because they had a software malfunction that made the sellways go outmatically into reverse and the people riding them would often fall off. they are not saying that might have happened. jimi heselden. we are saying it's under investigation. but so far no foul play. megyn: trace gallagher, thank you. we all grew up hearing that you retired at age 65.

that was the age you had to work to. but now a new poll shows that most of the voters surveyed a whopping 75% think that young workers will likely still be on the job long past that age. 75%. look at that. scott rasmussen. all right. 75% believe they are not retiring at 65. they will have to go well beyond in the if they want to collect social security. >> it's not just about collecting social security. it's about their overall financial plan. the group that's most convince are 40-somethings. overall what we see only fourous of the ten americans are confident they will receive the social security benefit they are promised. a third of senior citizens are concerned their benefits won't be paid during their lifetime.

megyn: you are saying foreget social security. it's 75% of those polls. the likely voters think they will have to continue working past 65. is that what we are looking at economically in terms what the individual is facing? >> the numbers are higher now because if you were counting on your 401k to help you retire early you are not feeling so good about it. about it many the recognition of the overall change. people are working more past 65 than they used to. people are health irand in some professions it is an teasey thing to work past age 65. for some that will be a choice. you have to remember the age of 65 came from 19th century germany. chancellor bismarck chose an age that hardly anybody lived to. megyn: he wasn't count on the

american health system evolving to the point has. now the average life expectancy, they are on social security for many, many years before necessity die. we talked about this with stu varney earlier. how much that program is in the red and how it's a bunch of ious. still you ask folks whether they believe this is a upony scheme where you make money from new investors, but you never have enough money. what do they say? >> a plurality aren't sure. % said they are not sure. 36% said it's not a ponzi sche scheme. then you see an age difference. on everything about social security there is a generational difference. among voters under 50 it's an even split between yes and no. older voters are closer to collecting their share of the

benefits. megyn: i have to ask but that discussion i just had with marianne marsh where john kerry came out and said the reason the democrats are doing so well -- aren't doing so well in the poll is is because people are misinformed. i asked maryanne if this is a difference between a disconnect between the washington elite and the regular folks. >> i think for most americans if they change the word voters for the political class lit reflect their views. they believe the reason the nation is in trouble is the political class is not well informed and are making decisions based on snippets of information. the american people didn't think congress knew what the healthcare law was about. when it comes to feelings about the economy. most americans say their judge seattle is better than president

obama's. megyn: we watches those town halls and people were quoting by page and paragraphs. you had them admitting they never read it before it was passed. >> this is where people sense a failure of leadership. they would like voters to make an intelligent choice rather than just hearing sound biepts s along the way. megyn: a new movie about facebook is set to hit the big screen this week. at the same time a court battle is shaping up over who really was the brains behind the wormsd most popular social networking site. the guy behind is worth almost

$7 billion and he's 26 years old. he has a whopper after lawsuit on his hands from people who claim he stole the idea. that's next in "kelly's court." click on the "on the docket" section. you can read up on the case before the gavel drops.

megyn: incredible video of a plane on top of a building. trace gallagher has more. what are we seeing? >> reporter: this is a single-engine plane beach craft bonanza. apparently this is right before the dear valley airport in phoenix. if you and out you can see this

is a fatal crash. we believe the high lot was the only one onboard. it's unclear if the plane was coming into land or take off. clearly the most dangerous time for pilots. we have learned the plane did hit the building. one person killed. we are still getting information. megyn: thanks, trace. >> this idea is potentially worth millions of dollars. he says we stole the idea. >> you guys whether inventors of facebook? >> is there anything you need to tell me? megyn: "kelly's court" is back in session.

an epic legal battle is shaping up over facebook and who founded the world's most popular social networking site. these twin brothers claim the film is not fiction. they say they and not mark zucker you areberg are the real brains behind the facebook. they hired him to put together the software code, but instead he stole the whole thing. arthur they went to harvard with this guy, with mark zuckerberg who is the founder and ceo of facebook. they say they came with this web site called the harvard

connection, and basically hired him as a minion to put together the software code. instead he stole the whole thing and now is worth almost $7 billion. should they get paid? >> they took him to court, and zuckerberg did not win on summary judgment. he already made a ton of money, so he wrote them a check for $65 million and said that's our settlement, good-bye, go away. there is a lot of ways to interpret that. you could say what a nice guy giving away $65 million. would you give away $65 million to two individuals with no claim whatsoever? but here is the point we are at. stunned securities laws if during those settlement negotiations there was some fraud, some lies that were told, parts of the statute that says they are entitled to four times what the settlement was, if they

can prove zuckerberg was lying at valuation of the stock at the time of the settlement. instead of $65 million they are entitled to goater to a billion dollars. megyn: he's fighting this. they say when we signed that settlement and signed a release, you lied, zuckerberg, about how much facebook was worth. it was based on your lie that we received that $65 million. now we now it's worth more and they want to blow up the settlement. >> i, too, was instrumental in creating facebook, also microsoft. the point of saying it don't make it so. i think part of the reason why they settled is they had a serious proof problem if this case were to proceed to trial. in 2001 a web site called club nexus out much fanford contained

almost identically the ideas these twins three years later claimed were theirs. social networking goes back to the 60s. >> there was a nexus between these guys. this wasn't somewhere else someone had this idea. they were work on this exact project. megyn: look at complaint. zuckerberg who is the facebook guy sent an email to them on january 8, 2004 confirming he would complete and deliver the source code they hired him to deliver. january 8, 2004, they are knot at harvard. he sends a letter saying don't worry, i'm on its. three days later he doesn't provide the code, he instead registered the domain name facebook.com.

that's a pretty damning piece of evidence for zuckerberg. >> there is no question that could be compelling. i'm sure the other side has their explanation, too. no one is denying he worked for them. the man i are he went about setting up facebook was probably in retrospect not the best way. megyn: it looks like he stole -- >> not only does it look like it. he is a little bit of a thief. he hacked into harvard slaw schools newspaper to see if they were writing a bad article on him. he hacked into facebook himself on various occasions. that's his m.o. zuckerberg says everything in the mop movi move movie is fals. >> whatted the twins had was a daily web site that doesn't look like what facebook became. megyn: it was different. one final word for our viewers. it looks like this guy did

steal. it looks like he paid them for his miss died. they say he lied to them again to get them to sign the release. but who is to blame for not investigating the value of the company. these twins should enjoy their millions and start a new venture. 2/

megyn: not everyone in hollywood leans to the left. tea party activists holding a rally in beverly hills. wow! william lajeunesse is live in los angeles with more. >> reporter: you know, megyn, there is a stereotype that everyone in hollywood is a hard-core liberal. if you watch the grammies other oscars or emmys you probably get that spin but that's not the

case. they may be the face of the entertainment left but they are not the heart. there are thousands of people in this town in the entertainment industry who do not share those kinds of advise and they were out yesterday in beverly hills letting their views be known. they are in the political closet, if you will for fear of being black listed. the message yesterday was similar to other tea parties. they oppose what they consider to be the president's effort to redistribute their wealth. >> i'm fed up with what's going on in washington. this is a grassroots operation it's not related to the parties. we want to make our voice heard. we feel we haven't had our voices heard with this president or this congress. >> reporter: it was more libertarian and republican or

democrat. for emple celebrity already working class people, the grips, the electricians, people who don't share the views of the stars. megyn: folks in the midwest are bracing for the worst as a flood-damaging levee thesenned wisconsin. captioning made possible by fox news network [ female announcer ] there's a new way to let go of some of the annoying symptoms menopause brings. introducing one a day menopause formula. the only complete multivitamin with soy isoflavones

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>>megyn: we have been getting e-mails on our story on the war ship, sunk in japanese water in 1945, someone vandalized the wreck. we have been getting e-mail about the story. one says that the ship was a leading ship at d-day. the complete story is posted at foxnews.com. as always we love to hear from you and you can follow me at twitter. i don't have